The Supreme Court of India stands as the main judicial authority and the ultimate interpreter of the Constitution, playing an important role in the country’s legal and democratic framework. It was established on 26 January 1950, coinciding with the adoption of the Constitution, the Supreme Court replaced the Federal Court of India and the Judicial Committee of the Privy Council and made the new era in Indian jurisprudence.It is not just a court of appeal but also the guardian of the Constitution and the final interpreter of the law.
The Supreme Court is located in New Delhi and comprises the Chief Justice of India (CJI) and a maximum of 33 other judges, as per Article 124(1) of the Constitution. Judges are appointed by the President of India on the recommendation of the Collegium, which includes the CJI and four senior-most judges of the Court. The Supreme Court functions in benches—division benches (two judges), full benches, and constitutional benches (five or more judges)—depending on the nature and importance of the case.
The Court has original, appellate, and advisory jurisdiction, which is elaborated below:
This allows the Supreme Court to hear disputes:
Such disputes must involve a question of law or fact on which the existence or extent of a legal right depends.
Often referred to as the “heart and soul” of the Constitution by Dr. B.R. Ambedkar, Article 32 gives individuals the right to approach the Supreme Court for the enforcement of Fundamental Rights through writs such as:
Under Articles 132, 133, and 134, the Supreme Court can hear appeals in civil, criminal, or constitutional matters from High Courts. It is the final court of appeal in India.
The President of India can seek the opinion of the Supreme Court on any question of law or fact of public importance. Though the advice is not binding, it carries significant weight.
The Supreme Court ensures that the Constitution is upheld in letter and spirit. It has the power to strike down laws and executive actions that violate the Constitution through judicial review.
Any citizen whose Fundamental Rights are violated can directly approach the Supreme Court under Article 32, making it a vital protector of civil liberties.
The Supreme Court interprets the provisions of the Constitution and ensures uniformity in the application of laws across the country.
The power of judicial review allows the Court to declare any law or executive action unconstitutional if it conflicts with the provisions of the Constitution.
Through PILs, the Supreme Court has widened access to justice, allowing any public-spirited person to seek legal remedy for the violation of the rights of disadvantaged or marginalized groups.
Over the decades, the Supreme Court has delivered several judgments that have shaped Indian society and governance:
This historic case established the Basic Structure Doctrine, which limits the power of Parliament to amend the Constitution. It held that the basic structure of the Constitution—like secularism, democracy, and the rule of law—cannot be altered.
The Court expanded the scope of Article 21 (Right to Life and Personal Liberty), stating that the procedure established by law must be just, fair, and reasonable. It marked the beginning of judicial activism in India.
This case led to the formulation of guidelines to prevent sexual harassment at the workplace, laying the foundation for the Sexual Harassment of Women at Workplace Act, 2013.
The Court decriminalized homosexuality by striking down Section 377 of the Indian Penal Code to the extent it criminalized consensual sex between adults of the same gender.
This judgment curbed the misuse of Article 356 (President’s Rule) and reinforced the federal nature of the Constitution.
The Supreme Court is a key pillar of India’s democratic setup. It acts as:
The Court’s interventions in issues ranging from environment to electoral reforms to gender justice illustrate its commitment to democracy and human rights.
Despite its strengths, the Supreme Court has faced criticism:
However, the Court has taken steps to address these concerns, such as e-filing systems, virtual hearings, and live streaming of proceedings in constitutional matters.
The Supreme Court of India stands as a symbol of justice, fairness, and constitutional morality. It has played a pivotal role in strengthening democracy, safeguarding rights, and maintaining the balance of power. While it faces several challenges, its contributions to Indian jurisprudence and society remain unparalleled. As the final arbiter of the Constitution and the ultimate guardian of the people’s rights, the Supreme Court remains one of the most respected institutions in the country.
